THE SHIPPING COMPANY 3
given up is in an unsatisfactory state. In the case of
Schuster v. M'Kdlar (1857), 26 LJ-Q-B. 281, Lord Camp-
bell left the question to the jury whether under the
peculiar circumstances of that case the master was justified
"in obtaining and putting the signature to the bill of
lading ... without the production of the mate's receipt."
The jury held that he was not. On the other hand it has
been held that the master of a vessel may sign bills of
lading in favour of the shipper of goods without production
of the mate's receipt, if he is satisfied otherwise that the
goods are on board, and if he has no notice that anyone but
the shipper claims any interest in them (Hathesing v. Laing
(1873), L.R. 17 Eq. 92). In the same case the court ex-
pressed the opinion that the mate's receipt was assignable,
only, as in the case of any other chose in action, notice of
the assignment was necessary to bind the shipowner.
When a shipper has a large quantity of cargo which
he is desirous of sending by a special vessel, he will
approach the company to book space. Also when such
cargo as he is sending is of a dangerous or inflammable
nature or requiring special care he will obtain a stowage
order for these goods.
Goods are tallied into the vessel by tally clerks, whose duty
is to keep a check and list of all cargo stowed in the vessel.
Tallying is done by recording in books, on cards, or on
sheets, the mark, port, numbers, and number of packages,
with any remarks regarding condition.
The process of tallying is essentially one with which
great care should be taken. Many cases arise where owing
to a wrong tally, bills of lading are issued for goods which
have never been shipped. When bills of lading are issued in
this manner, the consignee on failing to receive his cargo at
port of delivery holds a document of title and has every
right to daim the full value of his cargo although same
was never shipped. The carrier must, in order to secure
freedom from liability, prove that the goods were never
on board, which may entail great inconvenience and also
be very difficult.